Real Estate & Construction

There are a wide variety of legal issues that can affect people who are involved in real estate transactions or who are looking to determine their options for receiving debt relief through bankruptcy. Understanding these issues can often be difficult, but our firm strives to provide people with helpful information by regularly publishing blogs that cover these topics. The following blogs were most popular with our readers in 2021:

  • What Happens When a Bankruptcy Case Is Dismissed? – This blog looks at reasons why a bankruptcy case may have ended, affecting a person’s ability to discharge their debts. The

  • Continue Reading Read Our Top 10 Blogs for 2021 About Bankruptcy and Real Estate Laws

    A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See Angel Brothers Enterprises, Ltd. v. Walsh , No. 20-60849, 2021 WL 5627103 (5th…
    Continue Reading Federal Court of Appeals Holds Contractor Liable for Employee's OSHA Violation

    Unfortunately, there are many cases where people may experience financial difficulties that make it impossible for them to continue owning a home. To make matters worse, economic downturns have caused many homes to lose value, and this means that a homeowner may be in a situation where they owe more money on their mortgage than their house is actually worth. If you are in this situation, you may be able to complete a short sale, which will allow you to sell your home and find new living arrangements that you can afford. By understanding whether doing so will provide
    Continue Reading What You Need to Know About Selling Your Home Through a Short Sale

    Illinois Consumer Fraud and Deceptive Business Practices Act

    Leszanczuk v. Carrington Mortgage Services, LLC, No. 21-1367 (December 28, 2021) N.D. Ill., E. Div. Affirmed
    Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s claim that defendant breached mortgage agreement and violated Illinois Consumer Fraud and Deceptive Business Practices Act (Act) by charging plaintiff $20 for visual, drive-by inspection of her residence, after plaintiff had defaulted on her mortgage loan. While plaintiff asserted that said fee was improper under mortgage contract because defendant knew or should have known that she already had occupied her
    Continue Reading Illinois Consumer Fraud and Deceptive Business Practices Act

    Whether you are happy in your current home or believe that it does not fully meet your family’s needs, the time may come when you will be ready to pick up your roots and move to another home in your city, a neighboring area, or somewhere else entirely. To be able to move, you will not only need to find a new home, but you will need to put your current home on the market and begin showing it to potential buyers. Since moving can be expensive, you will want to avoid unexpected expenses whenever possible. As you prepare to
    Continue Reading Expenses You Need to Be Prepared for When Selling Your Home

    Landlords need to be able to earn sufficient income through the property they own in order to make sure they are receiving the appropriate returns on their investments. To protect their financial interests, there are some cases where landlords may need to take action to evict tenants. While a moratorium on evictions was in effect for much of 2020 and 2021 due to the COVID-19 pandemic, this moratorium ended in October of 2021. While there are some cases where landlords may be able to help tenants apply for emergency rental assistance or negotiate lease modifications that will allow tenants to
    Continue Reading What Is the Eviction Process for Residential Landlords in Illinois?

    The decision of the U.S. Court of Appeals for the Fifth Circuit in BST Holdings, L.L.C. v. Occupational Safety and Health Administration , 2021 WL 5279381 (5th Cir. Nov. 12, 2021)(Unpublished), recently extended a sweeping stay of OSHA’s vaccination mandate for companies with 100 employees or more…
    Continue Reading Federal Contractor Vaccination Mandates Enjoined Nationwide Following Stay of OSHA's Vaccination Mandate for Companies of 100 or More Employees

    Homeowners who have encountered financial difficulties may be unable to make mortgage payments while also paying other debts and covering their ongoing expenses. If a person defaults on their mortgage by missing one or more payments, they may receive a notification from their lender stating that if they do not address this issue, the lender will begin foreclosure proceedings. In these situations, a homeowner will want to understand whether there are any options that may help them avoid losing their home. In some cases, bankruptcy may be used to address an impending foreclosure or put a halt to foreclosure proceedings
    Continue Reading Can Filing for Bankruptcy Prevent a Home Foreclosure?

    Bank of New York Mellon v. Dubrovay, 2021 IL App (2d) 190540 (November 17, 2021) Du Page Co. (McLAREN) Reversed and remanded.Court granted Defendant’s motion to dismiss Plaintiff’s 4th foreclosure complaint for violating the single refiling rule of section 13-217 of Code of Civil Procedure. Because Plaintiff’s accelerations occurred by the filing of foreclosure actions, Plaintiff’s voluntary dismissals of those actions constituted affirmative acts of revocation of those accelerations. Thus, upon revocation the parties returned to their pre-acceleration rights and obligations. Defendants were obligated to make monthly installments, and thus their new payment default gave rise to a separate
    Continue Reading Mortgage Foreclosure  |  2d Dist.

    Development through public-private partnerships or “P3s” has increased sharply in the past several years, and is poised for an even bigger jump thanks to Uncle Sam. The infrastructure bill, which passed the U.S. House of Representatives last week as H.R. 3684 and which President Biden signed into…
    Continue Reading Federal Infrastructure Bill Set to Supercharge P3 Spending

    The Infrastructure Investment and Jobs Act, which passed in the House of Representatives on Friday, November 4th and is expected to be signed into law in the coming weeks, includes an important, permanent streamlining to the federal permitting and environmental review process for large…
    Continue Reading Federal Infrastructure Bill to Codify Streamlining of Federal Permitting Process in Major Infrastructure Projects

    Originally published: July 19, 2019 — Updated: November 8, 2021
    UPDATE: A consent foreclosure, as described below, may be a beneficial way for a person to relinquish ownership of their home and avoid a deficiency judgment. However, homeowners who are considering a consent foreclosure should be sure to understand how this will affect their credit. The completion of a foreclosure will be included in a person’s credit report, which could affect their ability to secure a mortgage in the future. If this will be a concern, a homeowner may need to determine whether completing a short sale or using a
    Continue Reading UPDATE: Understanding a Consent Foreclosure in Illinois

    A recent decision from the United States District Court for Delaware held that a surety was not liable for consequential damages to a building owner after a default by its contractor because the surety’s liability could not be greater than its principal’s liability. See Iron Branch Associates, LP v…
    Continue Reading Delaware Federal Court Imposes Limit on Surety's Liability Under Performance Bond

    During a residential real estate transaction or another situation where ownership of a home is transferred from one party to another, the parties will use a deed to complete the transfer. A deed is a legal document in which a grantor who owns or has a claim to the property will transfer their ownership interests to a grantee. There are multiple types of deeds that may be used, and in some cases, a grantor may be looking for a simple release of their ownership claim. In these situations, a quit claim deed may be used, but when doing so, the
    Continue Reading When Is a Quit Claim Deed Used to Transfer Ownership of Real Estate?

    A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to the owner resulting from owner’s termination of the contractor for cause…
    Continue Reading Massachusetts Federal Court: Contractor and Contractor's Owner Personally Liable for Fraud and Conversion for Failing to Pay Subcontractor; Contractor Also Liable for Millions Resulting From Termination for Cause